Section 5(4) in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
(4)(a)Subject to the provisions of sub-section (5), where the stridhana land held by any female member of a family together with the other land held by all the members of that family, is in excess of [15 standard acres] [Substituted for the figures and words '30 standard acres ' by section 2(2)(b) of the Tamil Nadu (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.], the female member concerned may hold, in addition to the extent of land which the family is entitled to hold under sub-section (1), stridhana land not exceeding 10 standard acres:Provided that where any extent of stridhana land held by a female member is included in the extent of land which the family is entitled to hold under sub-section (1) and in case where the extent so included is-(i)10 or more than 10 standard acres, she shall not be entitled to hold any stridhana land in addition to the extent so included; or(ii)less than 10 standard acres, she may hold, in addition to the extent so included, an extent of stridhana land, which together with the extent so included, shall not exceed 10 standard acres.(b)Where the extent of stridhana land held under clause (a) by any female member of a family consisting of more than five members-(i)is 5 or more than 5 standard acres, she shall not be deemed to be a member of that family for the purposes of clause (b) of sub-section (1); or(ii)is less than 5 standard acres, the additional extent of 5 standard acres allowed under clause (b) of sub-section (1) shall be reduced by the same extent as the extent of stridhana land so held.Illustrations(a)An undivided Hindu family consists of husband A, his wife and his three sons B, C and D and the wife of B and grandsons E and F. B is a major and C and D are minors. E and F are the minor sons of B. The extent of land held by the undivided Hindu family is [40 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have, come into force on the 15th February 1970.], that is to say, A's share and the share of his sons in the land held by the undivided Hindu family is [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] each. A's wife has [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] of stridhana land and B's wife has [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] of stridhana land.For the purpose of ceiling A's family and B's family will each constitute a separate [section 3(14)].As family consists of himself, his wife and his minor sons C and D. If the share of A in the land held by the undivided Hindu family, namely, [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] is included within the [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] allowed under sub-section (1) of section 5, the wife's stridhana land to the extent of [5 standard acres] may be included to make up [15 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into force on the 15th February 1970.] [section 5(4)]. [The wife can hold, in addition, 5 standard acres as stridhana land. All the members of A's family wall, therefore, be together entitled to hold 20 standard acres and the remaining 25 standard acres will be treated as surplus land] [Substituted by Tamil Nadu Act 17 of 1970, which um deemed to have come into farce on the 15th February 1970.].B's family consists of himself, his wife and his minor sons E and F. If the stridhana land of B's wife, namely, [10 standard acres] [Substituted by Tamil Nadu Act 17 of 1970, which was deemed to have come into farce on 15.2.1970.] is included within the [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 staridard acres', '50 standard acres', '50standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] allowed under sub-section (1) of section 5, the share of B and his sons in the land held by the undivided Hindu family to the extent of [5 standard acres] [Substituted for '20 standard acres','[50 standard acres', '20 standard acres', '50 standard acres', '50 standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] maybe included to make up [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50standard acres ' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] [section 5(4)]. All the members of B's family will, therefore, be together entitled to hold [15 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50 standard acres ' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] and the remaining [5 standard acres] [Substituted for '20 standard acres', '50 standard acres', '20 standard acres', '50 standard acres',, '50standard acres' and '20 standard acres' by section 2(2)(c)(iii) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15.02.1970.] will be treated as surplus land.(b)A family consists of husband and his wife. The husband is a member of an undivided Hindu family and his share in the land held by the undivided Hindu family is [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres','50 standard acres', '10 standard acres' and '50 standard acres' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The wife has stridhana land of [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres ' and '50 standard acres ' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. If the entire stridhana land of [10 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres ' and '50 standard acres ' respectively by sections 2(2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] held by the wife is included within the [15 standard acres] [Substituted for '25 standard acres', '20 standard acres', '20 standard acres', '50 standard acres', '10 standard acres' and '50 standard acres' respectively by sections 2 (2)(d)(i) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into farce on the 15th February 1970.] allowed under sub-section (1) of section 5, then, an extent to 5 standard acres of the share of the husband in the undivided Hindu family may be included to make up 15 standard acres. 5 standard acres will be treated as surplus land and the wife is not entitled to hold any additional extent of stridhana land [section 5(4)].But, if the [10 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] which is the share of the husband in the undivided Hindu Family is included within the [15 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] allowed under sub-section (1) of section 5, then, an extent of [5 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30 standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land of the wife could also be included to make up [15 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The wife may retain additional [5 standard acres] [Substituted for the figure and were '25 standard acres', '30 standard acres', '5 standard acres', '30standard acres', '5 standard acres' and '30 standard acres' respectively by sections 2(2)(d)(ii)(a) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land [section 5(4)]. [There will be no surplus land.] [Substituted for 'Ten standard acres will be treated as surplus land' by section 2(2)(d)(ii)(b) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.](c)A Muslim family consists of the husband, his wife and his two minor sons. The wife has [15 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and'40 standard acres ' respectively by section 2( 2)(e) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of1970), which was deemed to have come into force on the 15th February 1970.] of stridhana land and the minor sons have no property. The husband has [25 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and '40 standard acres ' respectively by section 2(2)(e) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. If the entire extent of land which the family is entitled to hold under sub-section (1) of section 5 consists of the land owned by the husband only, then, the wife can hold additional [10 standard acres] [Substituted for the figure and were '30 standard acres', '50 standard acres', '10 standard acres' and '40 standard acres' respectively by section 2(2)(c) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] [section 5(4)]. The remaining [15 standard acres] [Substituted Tamil Nadu Act 17 of 1970 which was deemed to have come into force on the 15th February 1970.] will be treated as surplus land.(d)A Christian family consists of the husband, his wife and his two minor sons. The husband, and the minor sons have no property. The wife has stridhana land of [20 standard acres] [Substituted for the words '40 standard acres ', '30 standard acres' and '10 standard acres ' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The family can retain [15 standard acres] [Substituted for the words '40 standard acres ', '30 standard acres' and '10 standard acres ' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.]. The remaining [5 standard acres] [Substituted for the words '40 standard acres', '30 standard acres' and '10 standard acres' by section 2(2)(f) of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970), which was deemed to have come into force on the 15th February 1970.] will be treated as surplus land and the wife is not entitled to hold any additional extent of stridhana land [section 5(4)].
